Category Archives: Commercial Arbitration

ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations

The article Harrie Samaras and I wrote for ABA’s Landslide Magazine is now available on line.  It is based in part on my ABA IP book, Arbitrating Patent Cases, A Practical Guide,  and Harrie’s book ADR Advocacy, Strategies, and Practices for Intellectual Property and Technology Cases, Second Edition.  Both are available at shopaba.org and on Amazon.  … Continue reading ABA Landslide Article: A Dozen Tips for Technology-Related Mediations and Arbitrations

Another Day, Another Arbitration Clause Problem

The cases reflecting distrust of arbitration — at least in a person versus corporation dispute — continue from the New Jersey courts. Just a couple of days ago, I noted a recent New Jersey case which found the parties had not reached a “meeting of the minds” on arbitration, leading the appellate court to reverse … Continue reading Another Day, Another Arbitration Clause Problem

Administered Arbitration: Getting to be an even better idea

  In an earlier article and in my recent ABA book, Arbitrating Patent Disputes, a Practical Guide, I addressed whether it was a good idea to include an administrator, such as AAA, CPR, or ICDR, in your arbitration clause. Now there is another reason for your arbitration clause to designate an administrator. The clause may … Continue reading Administered Arbitration: Getting to be an even better idea

New Article in ABA Section of Intellectual Property’s Landslide Magazine

Just out in Landslide  Magazine:  “A Dozen Tips for Technology-Related Mediations and Arbitrations” by Harrie Samaras and David Allgeyer.   November/December 2018 Issue, page 16. In this issue, Harrie and I take up the dozen most important things to bear in mind when mediating or arbitrating technology-related disputes.   We explain the following tips in detail: … Continue reading New Article in ABA Section of Intellectual Property’s Landslide Magazine

ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

    Below is the text of an announcement for an ADR program I am very happy to be part of. For more information, please go to: https://www3.wipo.int/registration/en/form.jsp?organization=WIPO&registration_id=325&utm_source=All+SVAMC+Contacts&utm_campaign=bfd8038e6f-EMAIL_CAMPAIGN_2018_09_20_04_01&utm_medium=email&utm_term=0_934ca19b39-bfd8038e6f-514384661 Advanced Issues in Tech and Patent ADR: Mediating and Arbitrating Disputes Please join leading corporate counsel, tech litigators, representatives of the World Intellectual Property Organization (WIPO), the … Continue reading ADR Program in Silicon Valley: Advanced Issues in Tech and Patent ADR

Webinar: Making Arbitration Work: Avoiding Pitfalls and Pratfalls

I am pleased to announce a new webinar I am honored to part of, along with AAA VP A. Kelly Turner and Arbitrator Felicia Boyd: Wednesday, September 26, 2018 2:00 – 3:00 p.m. (CENTRAL TIME) Making Arbitration Work: Avoiding Pitfalls and Pratfalls Litigation is often just too expensive to be a practical way to resolve … Continue reading Webinar: Making Arbitration Work: Avoiding Pitfalls and Pratfalls

Courts’ Review of Arbitration Awards: What It Means for You

Several years ago, I was giving a CLE presentation on confirming and attacking arbitration awards in court. With me was in-house counsel for a prominent local corporation. When I got to the part about overturning arbitration awards in court, he piped up and said something like, “This is going to go on for a while. … Continue reading Courts’ Review of Arbitration Awards: What It Means for You

Embracing International Arbitration: California Acts. Other States Should, Too.

As mentioned in an earlier article in this series 1, arbitration of cross-border disputes has many advantages. Surprisingly, foreign courts are more likely to enforce arbitration awards from another country than court judgments. This is because several international treaties provide for such enforcement. Apprehension about an unfamiliar court system may make arbitration more attractive to … Continue reading Embracing International Arbitration: California Acts. Other States Should, Too.

Webcast series from Minnesota CLE, August 16 and 17

Minnesota CLE will be presenting two webcasts I am honored to be part of. Here is how MN CLE describes them: Arbitration Advocacy Webcast Package In this package, learn top tips for arbitration advocacy in the commercial setting from two experienced arbitrators and ABA authors, David Allgeyer and Harrie Samaras. David and Harrie will focus … Continue reading Webcast series from Minnesota CLE, August 16 and 17

Subpoenaing Discovery Documents in Arbitration? Plan Ahead.

Fair disposition of a dispute often requires studying key documents to understand the facts and circumstances of the dispute. In litigation, you can use the rules to subpoena documents from non-parties before the trial, although the procedure can be somewhat complicated when the non-party is in a different jurisdiction. Then, you may have to get … Continue reading Subpoenaing Discovery Documents in Arbitration? Plan Ahead.